Domestic Incident Report

Introduction
The Domestic Incident Report (DIR) is the frontline documentary instrument for operationalising the Protection of Women from Domestic Violence Act, 2005 (PWDVA) in India. Prepared by a Protection Officer or an authorised service provider, the DIR records the aggrieved person’s complaint, the factual matrix of alleged incidents, immediate needs and the steps taken by the Protection Officer. In practice the DIR is the functional analogue of a First Information Report (FIR) within the civil-protective architecture of the PWDVA: it triggers statutory processes, informs interim relief/relocation decisions, and often becomes the primary contemporaneous record later relied upon in both magistrate and criminal proceedings. Understanding the legal status, drafting requirements and strategic uses of the DIR is therefore indispensable for practitioners who represent aggrieved persons, respondents, state agencies or service providers.

Core Legal Framework
– Primary statute: Protection of Women from Domestic Violence Act, 2005 (PWDVA).
– Section 2 — Definitions: PWDVA’s definitions (notably “aggrieved person”, “respondent”, “domestic relationship”, “shared household”) determine the scope of complaints that are properly the subject of a DIR and the remedies available thereafter.
– Section 12 — Application to Magistrate: The primary mode for seeking relief under the PWDVA is an application to a magistrate under s.12; Protection Officers and service providers play a key role in preparing and transmitting the application and supporting material (including the DIR).
– Secondary instruments: Protection of Women from Domestic Violence Rules, 2006 (PWDV Rules).
– The Rules operationalise several duties of Protection Officers and service providers and prescribe formats and procedures for documentation and institutional coordination; the Rules provide for the format and use of reports prepared by Protection Officers (commonly referred to in practice as the Domestic Incident Report).
– Interaction with criminal law:
– When the facts alleged in a DIR disclose a cognizable offence under the Indian Penal Code or other statutes, the police duty to register an FIR and investigate is engaged; see the Supreme Court’s guidelines in Lalita Kumari v. Government of U.P., (2014) 2 SCC 1 (duty to register FIR where a cognizable offence is disclosed).
– Statutory roles:
– Protection Officer: a statutory facilitator under the PWDVA who assists the aggrieved person, prepares the DIR, helps file the application before the magistrate, coordinates shelter/rescue, liaises with police and service providers, and follows up on orders.

Practical Application and Nuances
How the DIR is used in daily practice
– Initiation and contents: The DIR is ordinarily drafted soon after the aggrieved person approaches the Protection Officer or service provider. It should include:
– Identifiers: name, age, address, identity documents, status of relationship with respondent, names and ages of children/dependents.
– Chronology: clear, dated chronology of incidents (with places, persons present and short description of each incident).
– Nature of violence: physical, sexual, emotional/psychological, economic—each episode described separately.
– Immediate needs and risk assessment: injuries, medical attention required, imminent threats, safety of children.
– Civil reliefs sought: protection order, residence order, maintenance, custody, monetary relief.
– Criminal offences alleged: whether cognizable offences (e.g., assault, criminal intimidation, causing grievous hurt) are disclosed and whether the aggrieved person has asked the Protection Officer to inform police.
– Steps already taken: prior police complaints/FIRs, medical records, photographs, witness names and contact details.
– Signature and verification: signature/thumb impression of the aggrieved person; signature and designation of the Protection Officer and date of the DIR.
– Filing/formal transmission: The Protection Officer should file the DIR as part of the application to the magistrate under s.12 and simultaneously ensure that, if a cognizable offence is alleged, the police are informed and an FIR registered (see Lalita Kumari). The DIR thereby becomes the contemporaneous record that supports both civil- protective relief and any criminal investigation.
– Evidentiary role: A properly prepared DIR is an important piece of evidence in proceedings under the PWDVA (and in separate criminal proceedings). It is often relied upon to demonstrate immediate need, chronology and the steps taken by the aggrieved person and Protection Officer. However, the DIR is not conclusive proof of the allegations; corroboration (medical reports, witness depositions, contemporaneous messages) strengthens its probative value.

Concrete examples (day-to-day scenarios)
– Example 1 — Immediate protection without police action: An aggrieved person approaches the Protection Officer late at night after a violent episode. The Protection Officer prepares a DIR recording injuries, arranges emergency medical care and applies to the magistrate for an interim protection order and temporary shelter placement. The DIR provides the magistrate the contemporaneous account necessary for urgent interim relief even where a police FIR is pending.
– Example 2 — Parallel civil and criminal tracks: A DIR alleges repeated physical assaults amounting to cognizable offences and also seeks monetary relief and a residence order. The Protection Officer forwards the DIR to both the magistrate (for civil relief via s.12) and the police (for registration of FIR). Subsequent criminal investigation will draw upon the DIR, medical certificates and witness statements gathered by the Protection Officer.
– Example 3 — Non-qualifying relationship: If the DIR relates to a live-in relationship whose character and duration are disputed, the magistrate may examine whether the relationship falls within the PWDVA’s “domestic relationship” ambit (see Indra Sarma v. V.K.V. Sarma, discussed below); a careful DIR that sets out relationship facts (cohabitation period, shared household, finances, social perception) is essential.

Common evidentiary and procedural nuances
– Timeliness and contemporaneity: A DIR prepared promptly after the incident has significantly higher evidentiary value than statements made after long delay.
– Granularity vs. overwriting: The DIR should be factual and specific—avoid legal conclusions or argumentative language. Clear dates, times, locations, witnesses, and physical facts (nature of injuries) are crucial.
– Preservation of original: The Protection Officer must preserve originals and provide certified copies to the aggrieved person and, on request or by court order, to the respondent; maintain chain-of-custody where physical evidence is involved.
– Confidentiality and sensitivity: Maintain discretion—DIR contents may expose victims to further risk. Share copies only to the extent necessary and under court/police direction.

Landmark Judgments
– Indra Sarma v. V.K.V. Sarma, (2013) 15 SCC 755:
– Principle: The Supreme Court clarified when the PWDVA applies to live-in relationships. The Court held that the Act extends to relationships “in the nature of marriage” but not all live-in relationships fall within that expression. The Court laid down factors (cohabitation for a significant period, domestic arrangement akin to marriage, shared household, pooling of resources, social perception) to determine whether a relationship qualifies as a “domestic relationship”.
– Practical import for DIR: When a Protection Officer prepares a DIR for disputes arising from live-in arrangements, the report must set out factual particulars (duration, pooled finances, children, social recognition) that will enable the magistrate to determine jurisdiction under PWDVA.
– Lalita Kumari v. Government of U.P., (2014) 2 SCC 1:
– Principle: The Supreme Court set out that when information given to the police discloses a cognizable offence, the police must register an FIR and investigate; certain preliminary screening standards were also prescribed.
– Practical import for DIR: A DIR that discloses cognizable offences should trigger the Protection Officer to ensure the police register an FIR. Lawyers should cite Lalita Kumari when challenging police inaction in response to a DIR alleging cognizable offences.

Strategic Considerations for Practitioners
How lawyers can leverage the DIR
– For applicants/aggrieved persons:
– Ensure the DIR is drafted with forensic care: insist on a dated, signed chronology; attach medical certificates, photographs, call records and witness contact details; request an immediate copy of the DIR and obtain an acknowledgement from the Protection Officer.
– Use the DIR to obtain urgent interim relief (protection order, residence order, emergency maintenance) by applying under s.12 with the DIR attached as primary support.
– Where cognizable offences are alleged and the police delay, file a complaint before the magistrate seeking directions for FIR registration and investigation (relying on Lalita Kumari).
– For respondents:
– Challenge inconsistencies: probe timing, delay and contradictions between the DIR and contemporaneous records; seek disclosure of witness statements and documentary evidence underlying the DIR.
– Seek neutral evaluation: if the DIR is the only document of substance, move for cross-examination of the Protection Officer and aggrieved person where appropriate and seek simple corroboration before drastic remedies (eviction from shared household).
– For service providers and Protection Officers:
– Maintain neutrality and meticulous record-keeping: DIRs should be factual, non-argumentative, and preserve notes of interviews; follow PWDV Rules on format and confidentiality.
– Coordinate with police and magistrate: if the DIR alleges cognizable offences, ensure immediate liaison with the police for FIR registration and with the magistrate for protective relief.
Common pitfalls to avoid
– Vagueness and omission: a DIR that lacks dates, precise facts, or names of witnesses is easily undermined.
– Conflating opinions with facts: Protection Officers must avoid inserting legal conclusions or hearsay where the writer was not an eyewitness.
– Failure to document independent evidence: relying solely on the victim’s oral account without medical certificates, photographs or contemporaneous electronic records weakens both civil and criminal cases.
– Breach of confidentiality: careless dissemination of DIR contents can endanger the aggrieved person and attract legal and ethical sanctions.
Tactical litigation tips
– Emergency relief: use the DIR to obtain immediate ex parte relief; follow with a detailed application and supporting documents for final relief.
– Parallel remedies: pursue civil-protective relief under the PWDVA and, where necessary, criminal proceedings. The DIR often functions as the common thread between both tracks.
– Preservation motions: where property/financial evidence is at risk, annex documentary evidence to the DIR and seek preservation or interim injunction orders promptly.

Conclusion
The Domestic Incident Report is the operative document that converts an aggrieved person’s complaint into enforceable processes under the PWDVA and, where appropriate, the criminal law. Its legal and practical potency lies in being timely, factual, granular and properly preserved. For practitioners the lesson is straightforward: treat the DIR as a forensic instrument — draft it with precision, attach corroborative material, deploy it to secure immediate interim relief, and use it to compel police action where cognizable offences are alleged (Lalita Kumari). Equally, where the statutory scope of the PWDVA is in question (for example, in live-in relationship disputes), a well-documented DIR should set out the facts required for the magistrate to apply the tests articulated by the Supreme Court (Indra Sarma). Mastery of the DIR—its drafting, preservation and tactical use—translates directly into better protection for victims and more robust advocacy in both civil and criminal forums.